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SECTION III - Jurisdiction Of The Courts

Document Cited in Related
VerfasserE. J. Cohn and G. Meyer
Amt des AutorenSir
Seiten36

  1. German law distinguishes sharply between the jurisdiction which courts of a particular class have over specified matters and the jurisdiction which an individual court of such class has over individual matters. The first aspect relates to jurisdiction by class of court, e.g., Amtsgericht, Landgericht, etc., and is called sachliche Zustindigkeit: it is dealt with in the GVG. The second deals with jurisdiction according to the locality of the court and is called Gerichtsstand or Ortliche Zustindigkeit. It is treated in sections 12 to 37 of the Code of Civil Procedure (ZPO).

    EXAMPLES:-(a) The first aspect gives the answer to a question such as 'Which class of court determines the claim of an illegitimate child for maintenance against the father? ' The answer is: 'This case is within the jurisdiction of the Amtsgericht '.

    (b) Having determined the Amtsgericht has jurisdiction, the second aspect answers the question: 'If the child resides in Berlin, the mother at Kiel and the father at Munich, which Amtsgericht determines the claim of this child against the father? ' The answer is: 'The Amtsgericht at Munich, being the court of the place where the defendant resides '.

  2. Jurisdiction by Class of Court.

    (a) The jurisdiction of the Amtsgericht in Civil Litigation comprises (according...

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